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[steering-discuss] Confused by our Trademark Policy ...


Hi Charles,

On Thu, 2011-03-03 at 16:42 +0100, Charles-H. Schulz wrote:
  I inserted
  inside the Logo policy page the notion of "substantially unmodified
  version of LibreOffice" that already exists in the Trademark Policy.

        Sure - but the Logo page seems to suggest to me that you can use the
LibreOffice logo for anything at all - the "Usage example" seems to
accept that you -can- use the "LibreOffice" name for:

        * Community made DVDs or USB keys with "LibreOffice"
        * Supporter websites referring to "LibreOffice"

        As contrasted to the TDF mark, which is reserved for "substantially
unmodified" software. Does that mean we are even defending the
LibreOffice mark at all ? what are the limits on its use ? the TM policy
says it can only be used for "Substantially unmodified" software too.

        Reading the legalse, I am -very- confused; it seems like there are a
lot of things that we are trying to use this policy for:

        * restricting spokespeople to a chosen set
        * ensuring that binaries integrity and origin is known
        * defending our trademark so it is valid: ie. it must be
          LibreOffice

        Then there are two sets of marks:

        * LibreOffice
        * The Document Foundation

        And it (seems) to me - that we want to have a different policy for
these two marks.

        Well - worse than that - I read the "Trademark Guidelines" - which
incidentally are quite good legalese, and it says there is no
difference. Then I read the "Rules" page, and it says there is a
difference.

        Which is correct ?

  It fixes the inconsistency or even the contradiction between the two.
  You may object of course we might just merge the two pages, but
  that's where I disagree: Legally speaking, trademarks, logos, image
  marks, wordmarks are different notions and have different values.

        Really - I strongly dislike this belief that we want different rules to
a logo vs. word-mark, vs. Trademark. Are we really saying it is ok for
someone to call it "LibreOffice, The Document Foundation" - if they use
a different font/set of colors / style of writing ? :-) I hope not.

        Mozilla use a single policy for their "Marks" and IMHO we should do the
same (as the original, legally reviewed guidelines did) - I see you
replaced "Mark" with "Trademark" in each case, I don't think this makes
for a clear, crisp policy.

Thank you everyone... I guess the vote is being reconducted for one
more period of 24 hours now.

        My take is: that the situation gets more confused rather than clearer
the more that the pages are edited :-) The original TM policy, as
reviewed some weeks ago was good, currently it is not watertight.

        I would strongly suggest we step back and re-consider actually what it
is we want to achieve with this separation of different logos / marks;
it is -highly- unclear to me.

        Then I suggest we write that down clearly, succinctly, and minimally -
in tight language that can be understood by everyone.

        That is IMHO not where we are today; so I recommend we do not approve
the policy in its current form; sorry.

        HTH,

                Michael.

-- 
 michael.meeks@novell.com  <><, Pseudo Engineer, itinerant idiot


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